Free Complaint - District Court of Delaware - Delaware

» Case 1:08-cr—OOO30—JJF Document 1 Filed O2/O1/2008 Page 1 of 4
,91 (Rev. 12/93} Criminal Complaint Cl _ _ _
= I 1. I In United States District Court . .
"` For the District of Delaware _
A UNI] ED STATES OF AMERICA I
Criminal Complaint
v. .
CASE NUMBER: 08- [
MARCUS DRYDEN,
Defendant.
` S I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief On or about Janug 31, 2008 in the District of Delaware, Defendant MARCUS DRYDEN did
knowingly possess in and affecting interstate and/or foreign commerce, a firearm, after having been convicted of a felony
crime punishable by imprisonment for a term exceeding one year,
in violation of Title 18 I United States Code, -Section(s) 922( g)( l [ and 924§a[j2).
Ifiiithertstate that I am a(n) Special Agent, ATF and that this complaint is based
Official Title
on the following facts:
SQ attached Affidavit ‘ h
Continued on the attached sheet and made a part hereof: Yes
. l · 0
I S · Diane Iardella ‘ I
1 - _ . ` Special Agent, ATF
Swom-to before me and subscribed in my presence, ‘ C _ _ t
Februag 1, 2008 . ` at Wilmington, DE ` .
Date City and State
Honorable Mary Pat Thynge I .
_ United States Magistrate Judge A *,,4 ,,,4. 1....¢Ar2r,_
Name & Title of Judicial Officer ature of Ju Officer _

Case 1 :08-cr—OOO30—JJF Document 1 Filed O2/O1/2008 Page 2 of 4
· AFFIDAVIT OF SPECIAL AGENT DIANE M. IARDELLA
1. Your affiant is Special Agent Diane M. Iardella. Your affiant has been a law
enforcement officer for over 19 years with the Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF). As part of my duties, responsibilities and training, and in the course of my ·
investigative experience, I have become familiar with the statutes, rules and regulations, policies
and procedures, relating to the Bureau of Alcohol, Tobacco, Firearms and Explosives, including
. but not limited to the possession of firearms by persons prohibited, and other laws enforced by
the Bureau of Alcohol, Tobacco, Firearms and Explosives. I am a graduate of the Federal Law A .
Enforcement Training Center, Glynco, GA, Criminal Investigation Course and the Bureau of
Alcohol, Tobacco and Firearms New Agent Training Course. I have been involved in the
investigation of approximately 200 cases involving firearms violations. I have participated in the
seizures of approximately 1400 firearms and the seizures of approximately 250,000 rounds of p
ammunition. I have previously qualified as an expert witness regarding the identification,
origin and classification of firearms in the U.S. District Court for the District of Delaware.
2. Unless otherwise stated, the information in this affidavit is based upon your affiant’s
personal knowledge. _
3. The seizure of all the below stated evidence occurred on January 31, 2008, in the City of
_ Wilmington, State and District of Delaware, as stated to me by one or more Wilmington Police
Officers with personal knowledge ofthe seizure of the below items.
4. Your affiant reviewed the computer criminal history information for the Defendant Marcus
Dryden from the Delaware Justice Information System (DELJ IS) and learned that_the defendant
has a prior felony conviction for Maintaining a Vehicle for Keeping Controlled Substances from
on or about 3/ l2/07 in the Superior Court of the State of Delaware, a crime punishable by
imprisonment for a term exceeding one year,.
‘ 5. As stated to me by one or more Wilmington Police Officers with personal knowledge of ·
the above facts, I learned the following that officers received information approximately one
I month ago hom someone with criminal culpability that was not charged that Marcus Dryden was
in possession of drugs and guns. The officers researched Dryden’s criminal history and
photograph and knew him to frequent the area of 30th and Jefferson Streets. The officers learned
from computer checks on 1/31/08 that Dryden’s license was suspended and that he had a capias.
”Later that same day, officers who were in unifonn and driving a marked unit saw Dryden driving
in the area of 30m and Jefferson Streets. The officers watched Dryden park his car at 30th and
Jefferson Streets. The officers drove past and continued surveillance of Dryden. The officers
observed Dryden walk to Washington Street and then to 29th Street to a liquor store. The officers
saw Dryden come out of the liquor store and was about to enter his vehicle and observed that
Dryden saw the officers and turned and walked the other way. Officers watched Dryden engage
in conversation with a male in the 400 block of W. 30m Street. Dryden then walked away and the

Case 1 :08-cr—OOO30—JJF Document 1 Filed O2/O1/2008 Page 3 of 4
male went to Dryden’s car and drove to 29m and Washington. Officers watched the male enter a
residence and then a minute later exit the residence and meet with Dryden. The male entered the
driver’s side and Dryden entered the passenger side. Officers followed the vehicle east on 29m
Street and south on West Street. Officers stopped the vehicle in the 2800 block of West Street.
Officers approached the vehicle and could smell marijuana. The officer asked the driver for his
information. The driver said that he did not have any identification and gave him a name which
was later discovered to be a false name. The officers checked the driver’s status which was `
I negative for the false name. The officers had the driver and Dryden exit and handcuffed both of
them. An officer asked Dryden about the location of the marijuana. Dryden told the officer that
there was a blunt in the car and that he would show him. The officer leaned into the car and
observed under the passenger seat a box of .40 caliber ammunition. The officer then asked
Dryden where is the gun and he said it’s in there. The officer asked Dryden if he was going to
have to tear the car apart to find it. Dryden told him that it was in the back of the seat. The
officer located a Glock .40 caliber pistol loaded with six rounds of ammunition behind the map
portion of the passenger seat. Dryden told officers that the vehicle was his mom’s. Officers later
learned from a woman who identified herself as the owner ofthe vehicle that she gave the
vehicle to her daughter. The woman stated that Dryden is her daughter’s boyfriend.
6. From training and experience and based upon information provided by a Wilmington _
Police officer who personally saw the above firearm, your afhant knows that the above — `
. mentioned firearm is a firearm as defined in 18 USC, Chapter 44, Section 92l(a)(3) and was
manufactured in a state(and/or country) other than Delaware such that its possession in Delaware
would have necessarily required that the firearm had crossed state lines prior to its possession in
Delaware and such that the possession of that firearm in Delaware affected interstate and/or
foreign commerce.
7. From information provided to me by one or more Wilmington Police Officers with
personal knowledge of the below facts your affiant learned that the driver of the vehicle was
advised of his Miranda rights by a Wilmington Police Officer and the driver essentially stated
that he understa.nd his rights and voluntarily waived his Miranda rights. Following the waiver of
his Miranda rights, the driver voluntarily essentially told the Wilmington Police that he had no
knowledge of anything that was found in the car. The driver stated that he saw Dryden on the
street and asked him for a ride. Dryden told him to get Dryden’s vehicle and meet at his
grand1nother’s residence at 29th and Washington. The driver stated that he was convicted of a
felony when he was 20. He also said that he is pending trial in New Jersey for trafficking
cocaine.

Case 1 :08-cr—OOO30—JJF Document 1 Filed O2/O1/2008 Page 4 of 4
* Wherefore, based upon your affiant’s training and experience, your affiant
believes that there is probable cause to believe that the defendant violated 18 U.S.C. 922(g) and
924(a)(2) by possessing in and affecting interstate and/or foreign commerce .a firearm, after
having previously been convicted of a felony and respectfully requests that the Court issue a
_ Criminal Complaint charging that offense.
cn
l Diane M. Iardella J tx C _
Special Agent, ATF
Sworn to and subscribed in my presence S
this i da of Iééggg ?; 2008
' able Mary P V ynge
= d States Magistrate Judge
I rict of Delaware

Case 1:08-cr-00030-JJF

Document 1

Filed 02/01/2008

Page 1 of 4

Case 1:08-cr-00030-JJF

Document 1

Filed 02/01/2008

Page 2 of 4

Case 1:08-cr-00030-JJF

Document 1

Filed 02/01/2008

Page 3 of 4

Case 1:08-cr-00030-JJF

Document 1

Filed 02/01/2008

Page 4 of 4